There are two principal considerations that we as lawyers must be cognizant of in respect to legal malpractice. We do not want to be sued or adjudged liable for legal malpractice and we do not as officers of the court want to bring groundless claims of legal malpractice and breach of fiduciary duty against other lawyers. Both scenarios sting and can work irreparable harm to our practices and professional reputation. How do we avoid the foregoing?
The easy and best answer is to periodically review the elements of both the causes of action and the defenses, as well as structure our practice in a sound and prudent way to avoid unreasonable risk. Having an appreciation of the risks and how they have to be responded to also allows us to be well-grounded as well as fair in making or not making claims against other members of the bar. Further, the most recent cases give us the best insight.
Elements of Cause of Action
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